Fiander

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 07-30251 Plaintiff-Appellant, v.  D.C. No.

CR 05-2099 RHW

ROGER FIANDER,

OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Eastern District of Washington Robert H. Whaley, District Judge, Presiding

Argued and Submitted April 7, 2008—Seattle, Washington

Filed October 23, 2008

Before: Stephen Reinhardt, A. Wallace Tashima, and M. Margaret McKeown, Circuit Judges.

Opinion by Judge Tashima

14839 UNITED STATES v. FIANDER 14841

COUNSEL

Jane M. Kirk, Assistant United States Attorney, Yakima, Washington, for the plaintiff-appellant.

Jack W. Fiander, Towtnuk Law Offices, Ltd., Yakima, Wash- ington, for the defendant-appellee.

OPINION

TASHIMA, Circuit Judge:

Roger Fiander, a member of the Confederated Tribes and Bands of the Yakama Nation, was charged with several other 14842 UNITED STATES v. FIANDER defendants in a multi-count indictment with numerous viola- tions related to trafficking in contraband cigarettes. The charges included violations of the Contraband Cigarette…